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Laura Loomer, Individually and as a Candidate for United States Congress, et al. v. Mark Zuckerberg, Individually and as CEO of Meta Platforms, Inc., et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-3158 · judgment March 27, 2025
Before the decision, about 3.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Ninth Circuit decision below, and counsel who has filed here before, and down for a business respondent.
Questions presented
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Does the Ninth Circuit’s application of res judicata, barring claims based on new material facts arising after prior judgments, conflict with this Court’s precedent in Whole Woman’s Health v. Hellerstedt, 579 U.S. 582 (2016), and create a circuit split with the Fifth and Seventh Circuits on whether post-judgment facts permit new RICO claims, particularly in the context of ongoing social media censorship affecting electoral fairness?
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Does the Ninth Circuit’s broad application of Section 230 immunity under 47 U.S.C. § 230 to alleged coordinated censorship by social media platforms conflict with district court precedent in Dangaard v. Instagram, LLC, 2022 WL 17342198 (N.D. Cal. Nov. 30, 2022), and raise significant public policy concerns about immunizing platforms engaged in unlawful conspiracies influenced by government and corporate actors?
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Did the Ninth Circuit misapply this Court’s precedent in Boyle v. United States, 556 U.S. 938 (2009), by imposing an overly restrictive standard for pleading a RICO enterprise and disregarding new evidence of coordinated censorship, undermining RICO’s role in addressing conspiracies that threaten democratic processes?
Counsel of record
For petitioner
John Mark Pierce
John Pierce Law
For respondent
Michael Julian Gottlieb
WILLKIE FARR & GALLAGHER LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
- Aug 20 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 06 2025Waiver of right of respondents X Corp. and Jack Dorsey to respond filed.
- Aug 05 2025Waiver of right of respondent The Proctor & Gamble Company to respond filed.
- Aug 04 2025Waiver of right of respondents Mark Zuckerberg and Meta Platforms, Inc., et al. to respond filed.
- Jun 25 2025Petition for a writ of certiorari filed. (Response due August 6, 2025)